Julius Williams v. Carson Bridges, Jr.

Summary

The Arkansas Court of Appeals affirmed orders admitting a copy of a lost or destroyed 2017 will to probate and appointing Carson Bridges, Jr. as executor. The majority held that circumstantial evidence, including the decedent’s dementia, guardianship, nursing-home confinement, and the disposal of attic documents, rebutted the presumption that the missing original will had been revoked. Chief Judge Klappenbach dissented, concluding that the evidence was insufficient to establish by a preponderance that the will had not been revoked.

Holdings

1. The circuit court did not clearly err in finding that the presumption that Carson Bridges, Sr. revoked the 2017 will was rebutted by a preponderance of the evidence and in admitting a copy of the will to probate as a lost or destroyed will.
2. The circuit court did not abuse its discretion in denying the motion for reconsideration because the motion established no basis for Rule 60 relief and merely reargued the merits of the probate ruling.

Questions Presented

1. Whether the evidence rebutted the presumption that the original 2017 will was revoked when it could not be found after the testator's death.
2. Whether the circuit court abused its discretion or otherwise erred by denying Williams's motion for reconsideration under Arkansas Rule of Civil Procedure 60.

Disposition

affirmed